Archive: March 23, 2007

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Though Relevant, Defendant’s Litigation Hold Notices Were Protected From Discovery by Attorney-Client Privilege

Though Relevant, Defendant’s Litigation Hold Notices Were Protected From Discovery by Attorney-Client Privilege

Capitano v. Ford Motor Co., 831 N.Y.S.2d 687 (N.Y. Sup. Ct. 2007)

In this product liability case, plaintiffs sought production of defendant’s “suspension orders,” also known as "litigation hold notices."  Plaintiffs argued that the suspension orders should be produced in light of the fact that Ford was unable to produce certain documents.  Plaintiffs contended that, with access to the suspension orders, they would be able to determine if the documents in question were intentionally or negligently destroyed, or perhaps secure information which may lead to the discovery of the missing documents.
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